Privacy verdict to have 'bearing' in beef matters in Maharashtra: SC


New Delhi, Aug 25 (PTI): The Supreme Court on Friday said its verdict declaring right to privacy a fundamental right would have "some bearing" in matters related to the possession of beef in Maharashtra.

The apex court made the observation while hearing a batch of appeals filed against the Bombay High Court's May 6, 2016, verdict, decriminalising the possession of beef in case of animals being slaughtered outside the state.

A bench comprising Justices AK Sikri and Ashok Bhushan was informed by an advocate that Thursday's judgement from a nine-judge Constitution bench, declaring right to privacy a fundamental right, was important for adjudication of the appeal.

"Yes, that judgement will have some bearing in these matters," the bench said.

The Supreme Court had on Thursday said "nobody would like to be told what to eat or how to dress" while ruling that these activities come under the realm of the right to privacy.

Senior advocate Indira Jaising, appearing for some of the petitioners, referred to the privacy judgement and said the right to eat food of one's choice is now protected under privacy.

She also told the bench that Maharashtra government's appeal challenging the high court verdict was already pending before another bench of the apex court.

The bench, after hearing the submissions, posted the matter after two weeks.

The Maharashtra government had on August 10 moved the apex court challenging the high court's verdict striking down sections 5(d) and 9(b) of the Maharashtra Animals Preservation (Amendment) Act, 1995, which criminalised and imposed punishment on persons found in possession of beef of animals, slaughtered in or outside the state, on the ground that it infringed upon a person's "right to privacy".

The court had issued notice on the appeal and tagged the matter along with several pending pleas related to the issue.

The high court had termed "unconstitutional" the provisions which held that mere possession of beef was a crime, saying only "conscious possession" of the meat of animals slaughtered in the state would be an offence.

The plea assailed the judgement, saying the restriction imposed by the 1995 Act on possession of flesh of cow, bull or bullock could not be interpreted and concluded to be an infringement of "right to privacy".

The state government had said the high court "while coming to the finding that right to privacy forms part of the fundamental right to personal liberty guaranteed under Article 21 of the Constitution, ought to have appreciated that right to privacy was not yet designated as a fundamental right".

The plea had said that according to the verdict, obligation upon the state to prove "conscious possession" of beef would "constitute an unsurmountable circumstance readily available to the wrongdoer to escape sentence".

In its judgement, the high court had upheld the ban on slaughter of bulls and bullocks imposed by the Maharashtra government, but decriminalised possession of beef in case the animals were being slaughtered outside the state.

The judgement had come on a batch of petitions filed in the high court challenging the constitutional validity of the Act and, in particular, the possession and consumption of beef of animals slaughtered outside Maharashtra.

  

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Comment on this article

  • Francis, Goa

    Sat, Aug 26 2017

    After living in the US and eating beef here, I always felt that beef in India tastes a lot better. Beef definitely looks better here and many more cuts are avaialable. I now know the reason. Cows in India eat grass, where as cows here are fed corn. A few of us raised a cow and fed it grass and it did taste a lot better.

    DisAgree Agree Reply Report Abuse

  • Vincent Rodrigues, Bengaluru/Katapadi

    Sat, Aug 26 2017

    This decision has brought some kind of clarity for all the confusions recently created

    DisAgree Agree Reply Report Abuse

  • SMR, Karkala

    Fri, Aug 25 2017

    Beef-eating was not unknown to Indians of the pre-Muslim period is neither new nor startling.But the cow wasn't sacred to the nomads and pastoralists from Central Asia who settled North India in the second millennium BC and created the high Brahminical culture of what we now know as Hinduism.
    These Indians slaughtered cattle for both food and the elaborate sacrificial rituals prescribed by the Vedas, the first and the holiest Indian scriptures. After they settled down and turned to agriculture, they put a slightly higher value upon the cow: it produced milk, ghee, yoghurt and manure and could be used for ploughing and transport as well.
    The answer lies in the 19th century, when many newly emergent middle-class Hindus began to see the cow as an important symbol of a glorious tradition defiled by Muslim rule over India. For these Hindus, the cause for banning cow-slaughter became a badge of identity, part of their quest for political power in postcolonial India. Educated Muslims felt excluded from, even scorned by, these Hindu notions of the Indian past; and they developed their own separatist fantasies.
    The newly invented traditions helped create two antagonistic political elites, defined primarily by religion, and eventually led to the disastrous partition of India. The nationalist myths are now incarnated by the two nuclear-armed nation-states of India and Pakistan.
    The Vedas refer to more than 250 animals & of these about 50 were deemed fit for sacrifice & by interference for eating. Only cow became religious issue ever since Sangh Parivar make believe Hindus as sacred which Vedas don't tell.It was a strategy, wrote the father of Indian Constitution, to vanquish Buddhism.
    Food is the basic right of Humans and Indian constitution guarantees it. The verdict of banning should not be on the merits of majority of minority. It should be based on fact from Holy scriptures.
    Honorable court should considered food habits of ancient Indians and Holy scripture.
    Jai Hind

    DisAgree [2] Agree [4] Reply Report Abuse

  • sri_elder, Karkala

    Fri, Aug 25 2017

    Ban cow, male cow(ox) or calf slaughter across India...
    It solves lot of problems

    DisAgree [32] Agree [6] Reply Report Abuse

  • Alan, mangalore

    Fri, Aug 25 2017

    First we need to Ban Leather goods in India & make up & lipstick . It is made of animal fat & then lets look at banning cow raised for foreign market consumption. How unfair , cows are raised for foreign market .

    DisAgree [3] Agree [14] Reply Report Abuse

  • Esther, Mumbai

    Fri, Aug 25 2017

    Yes, BJP should heed to ur suggestion.

    DisAgree Agree [11] Reply Report Abuse

  • Jossey Saldanha, Mumbai

    Fri, Aug 25 2017

    SC heard my plea about Government wanting to raid my Refrigerator ...

    DisAgree [4] Agree [31] Reply Report Abuse

  • Declan, Mumbai

    Fri, Aug 25 2017

    Won't be surprised if there are X-ray machines to check the contents of the stomach. Cannot predict what fanatics can do. LOL

    DisAgree [5] Agree [23] Reply Report Abuse

  • Jossey Saldanha, Mumbai

    Fri, Aug 25 2017

    They do not have enough education to operate such Hi-Fi machines ...

    DisAgree [4] Agree [29] Reply Report Abuse

  • Declan, Mumbai

    Fri, Aug 25 2017

    Well said !

    DisAgree [3] Agree [16] Report Abuse

  • sri_elder, Karkala

    Fri, Aug 25 2017

    Why not those guys try snakes and reptiles...

    DisAgree [26] Agree [3] Reply Report Abuse

  • Citizen, Mangalore

    Fri, Aug 25 2017

    Who are you tell what to eat or not to eat?

    Will you do if someone tell you to go and live in the place where you don't want to live? Are you saying citizens of the country don't have rights to eat or live how they want as per the law. You can't take fundamental rights of the people; do the change but ensure that the change is meaningful and outcome is good.

    DisAgree [3] Agree [28] Reply Report Abuse

  • Indian, Mangalore

    Fri, Aug 25 2017

    Who are these people to tell what to eat or wear or to marry. or anything... as the constitution gives the rights ... are these above that ..

    DisAgree [2] Agree [10] Report Abuse

  • Jossey Saldanha, Mumbai

    Fri, Aug 25 2017

    sri_elder, Karkala ,
    You should start eating grass ...

    DisAgree [3] Agree [9] Reply Report Abuse

  • Amith, USA

    Sat, Aug 26 2017

    sri-elder karkala, if buying your own words, snakes and reptiles also have life so how can one kill those ???

    DisAgree Agree Reply Report Abuse


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